Muchui v M’itu (Civil Appeal E131 of 2022) [2026] KEHC 6580 (KLR) (14 May 2026) (Ruling) Neutral citation: [2026] KEHC 6580 (KLR) REPUBLIC OF KENYA IN THE HIGH COURT AT MERU CIVIL APPEAL E131 OF 2022 SM GITHINJI, J MAY 14, 2026 BETWEEN DUNCAN MUCHUI ................................................................................ APPLICANT AND GITONGA MUTHARE M’ITU .......................................................... RESPONDENT RULING 1. Courts abhors delay as justice delayed is justice denied. The judgment creditor is by inordinate delay, denied the right to enjoy the fruits of the Judgment. 2. Judgment in the lower court decision was delivered on 8/9/2022. memorandum of appeal is dated 19/9/2022. Since then to date the appellant have not filed and served the record of appeal. Disorganisation on his side should not be allowed to visit injustice upon the respondent. He was free to change Advocates as he wished but obligated to keep timelines to avoid inordinate delay. No good reason has been availed to explain the delay which I find inordinate. I agree with the respondent that the appellant is not keen in prosecuting the appeal. The same is dismissed for want of prosecution. DATED AND DELIVERED AT MERU THIS 14TH DAY OF MAY, 2026. S. M. GITHINJI JUDGE https://new.kenyalaw.org/akn/ke/judgment/kehc/2026/6580/eng@2026-05-14 1
A note on accuracy. These pages are generated automatically from our AI-written case briefs and have not been checked by a lawyer. Case titles and citations come from Kenya Law; the counts, topics, propositions and “treatment” labels are derived from the briefs and can be incomplete or wrong. Use them as a research aid and always read the original judgment before relying on anything here. This is not legal advice.